DEC Officer Report

Application No.: 21/01497/B Applicant: Mr Kevin Bott Proposal: Installation of roof mounted solar panels Site Address: Croit-Ny-Kiyt Crossag Road Ballasalla Isle Of Man IM9 3EF Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.02.2022 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. Overall it is concluded that the planning application accords with the provisions set out in General Policy 2, Environment Policy 35, and Environment Policy 4 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the Location Plan, Site Plan, Photo Sheets and Details, Rear Roof Plan, and Plan List, date stamped and received 3 December 2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the residential curtilage of Croit-Ny-Kiyt, Crossag Road, Ballasalla which is a two storey detached property located on the western side of Crossag Road and on the junction with Fildraw Road. - 1.2 The property is a traditional cottage, similar to others in the vicinity. The property faces east and the rear garden faces onto the Silverburn River with the public footpath to the west of

• this some 60m away from the rear of the dwelling. The rear of the dwelling is however not easily viewable from the footpath and neighbouring rear gardens, given the mature landscaping at the rear of the site and adjacent glen
• 1.3 The property currently has an existing solar hot water panel on its rear (south-west) roof plane.

2.0 THE PROPOSAL - 2.1 This application seeks approval for the Installation of roof mounted solar panels. The unit would comprise 8 solar panels fit together and have total length measuring 7.2m long, width 2m. No other details in terms of product specifications and energy ratings have been provided.

3.0 PLANNING STATUS - 3.1 The site is zoned as being within "Predominantly Residential" on the Area Plan for the South 2013 (Map 4) and the site is within the Proposed Silverdale Conservation Area. The site is not prone to flood risks, there are no registered trees on the site, and the site is not within a registered tree area. The site however, has a considerable number of trees, particularly on its western boundary. - 3.2 On the Landscape Assessment within the Area Plan, the site is within an area characterised as being "Incised Inland Slopes". - 3.3 Due to the site location, zoning and the type of proposal, the following policies within the Strategic Plan are relevant for consideration:

• 3.3.1 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality;

• n) is designed having due regard to best practice in reducing energy consumption."

• 3.3.2 Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
• 3.3.3 Paragraph 12.2.8 of the Isle of Man Strategic Plan 2016 states, "The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations

1. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one. Accordingly:

• 3.3.4 Environment Policy 22 (In part):

• "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution."
• 3.3.5 Energy Policy 4: "Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA".

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Section 2.3 on Building Design, particularly paragraph 2.3.2 which deals with the provision of renewable technology are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 The site has been the subject of five previous planning applications, one of which is considered relevant to the current scheme. - 5.2 PA 10/00674/B for Installation of solar panel on roof - APPROVED. The solar panel was installed to provide renewable hot water source for the dwelling and situated on the rear roof plane within which the new panels for the current scheme would be situated.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest'. (22 December 2021). - 6.2 Malew Parish Commissioners have stated that they have no objection to the application (19 January 2022). - 6.3 No comments have been received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The issues in this case are whether the proposal would result in a preservation or an enhancement of the Conservation Area character or appearance and also whether there would be any adverse impact on the living conditions of those in adjacent properties. - 7.2 The existing property is a traditional cottage situated within an area dominated by traditional cottages and what is proposed would introduce a large area of solar panels on the roof, which would comprise the addition of modern features to this traditional property. It is, however, considered that the property already has a solar panel on its roof plane, although of a smaller scale and this is not viewable from key vantage points within the streetscene, given its position on the rear roof plane of the property. When the proposed is assessed against the character of the area, it is considered that there would be a neutral impact on the appearance of the property and the surrounding proposed Conservation Area, considering it would not impact on existing views. - 7.3 Whilst the works would result in additional fabric within the roof plane, this is at an orientation and sufficient distance from other properties for it not to result in any adverse impact on the living conditions of these properties. The intervening wooded area around the rear garden and adjacent glen also help mitigate any impact thereon. The height of the eaves and pitched roof at a position where no views would be attainable will improve its appearance and further conceal the solar panels, making the proposed an acceptable development for the site and area.

7.4 Based on the foregoing, it is considered that the installation of the solar panels at the site is not considered to have any adverse impacts on the application property, the locality and Proposed Conservation Area, and will accord with the general support given to the introduction of renewable and alternative energy sources as set out in the Strategic Plan, and is not required to provide an EIA. Their introduction here is expected to help contribute to the overall operation and energy efficiency of the property which is situated within a traditional setting. In this respect the proposal is considered to comply with paragraph 12.2.8 and Energy Policy 4 of the Strategic Plan.

8.0 CONCLUSION 8.1 The proposal is considered to have a neutral impact on the character and appearance of the Conservation Area in accordance with Environment Policy 35 and with no adverse impact on the living conditions of those in surrounding areas, in accordance with General Policy 2 of the Strategic Plan.

9.0 INTERESTED PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 03.02.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.